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515. SCURTIS needs an accounting so that he can adequately defend his interests against the IRS.
516. SCURTIS needs an accounting to determine his ownership interest in MCM and his ownership interest in the RODRIGUEZ-SCURTIS General Partnership pieces of real property that were sold or transferred to MCM and/or MRES without SCURTIS.
WHEREFORE, Plaintiffs demand that the Court enter Judgment for Accounting for NPV and its affiliated entities, MCM and its affiliated entities, and MRES and its affiliated entities, and awarding Plaintiff such other and further relief as this Court deems just and proper.
COUNT X – APPOINTMENT OF RECEIVER FOR NPV
517. Plaintiffs, SCURTIS and A.C.R.E.I., L.L.C. sue Defendant NPV, for the Appointment of a Receiver, Plaintiffs hereby adopt and re-allege the allegations contained in Paragraphs 1 through 445 above as if fully and expressly set forth herein, and further allege as follows:
518. RODRIGUEZ and SCURTIS either individually or their respective companies and/or Partnerships, are Partners in the RODRIGUEZ and SCURTIS General Partnership, which is an ongoing, for profit General Partnership engaged in the business of acquiring, developing, rehabilitating and managing real property projects.
519. The RODRIGUEZ and SCURTIS General Partnership perform its business primarily through NPV.
520. RODRIGUEZ is a 95% owner of NPV and SCURTIS is a 5% owner in NPV.
A.C.R.E.I., L.L.C. is the General Partner to the NPV Limited Partnership. SCURTIS
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executed the Certificate of Limited Partnership for NPV in his capacity as the sole Manager and Member of A.C.R.E.I., L.L.C.
521. RODRIGUEZ and ZOOK, either individually or through their respective companies and/or Partnerships have engaged in various breaches of fiduciary duties, self-dealing, mismanagement, fraud and waste, including but not Limited to: (a) Withholding $2,170,390.00 in Partnership distributions to SCURTIS; (b) Unlawful conversions of entities in an effort to strip SCURTIS of his ownership interest in Partnership real property; (c) Attempts to hide Insurance and Mortgage Fraud from SCURTIS that SCURTIS had direct exposure from; (d) Selling Partnerships real property without exposing the Partnership real property to the open market; (e) Having correspondence sent to the IRS misleading them to think that SCURTIS received distributions that he did not; (f) By fraudulently inserting ZOOK into the role of Manager of A.C.R.E.I., L.L.C. to enable him to fraudulently sell the adjoining parcels in Edgewater in direct violation of the A.C.R.E.I., L.L.C. Operating Agreement, the NPV Partnership Agreement’s “Right of First Refusal” clause, the “Right of First Refusal” clause contained in each respective Limited Partnership Agreement for each respective Limited Partnership that owned an adjoining parcel of land in Edgewater, and the RODRIGUEZ and SCURTIS Oral Agreement to develop the adjoining parcels in the future; (g)Withholding at least $8,000,000.00 in acquisition fees earned by SCURTIS; (h) utilizing at least $10,000,000.00 earned by and due to SCURTIS to
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acquire new incoming producing real property with MCM, of which SCURTIS does not have an ownership interest in.
522. There is a substantial likelihood that SCURTIS and A.C.R.E.I., L.L.C. will prevail on the merits at the conclusion of the case.
523. SCURTIS has no adequate remedy at law.
WHEREFORE, Plaintiffs, demands that the Court enter an Order Appointing a Receiver for NPV and award Plaintiffs such other and further relief as this Court deems just and proper.
COUNT X1 – APPOINTMENT OF RECEIVER FOR MCM & MRES
524. Plaintiffs, SCURTIS and A.C.R.E.I., L.L.C. sue Defendants MCM and MRES, for the Appointment of a Receiver, Plaintiffs hereby adopt and re-allege the allegations contained in Paragraphs 1 through 445 above as if fully and expressly set forth herein, and further allege as follows:
525. RODRIGUEZ and SCURTIS either individually or their respective companies and/or Partnerships, are Partners in the RODRIGUEZ and SCURTIS General Partnership, which is an ongoing, for profit General Partnership engaged in the business of acquiring, developing, rehabilitating and managing real property projects.
526. The RODRIGUEZ and SCURTIS General Partnership performs its business primarily through NPV.
527. RODRIGUEZ is a 95% owner of NPV and SCURTIS is a 5% owner in NPV.
A.C.R.E.I., L.L.C. is the General Partner to the NPV Limited Partnership. SCURTIS
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executed the Certificate of Limited Partnership for NPV in his capacity as the sole Manager and Member of A.C.R.E.I., L.L.C.
528. According to MCM, MRES, RODRIGUEZ, and ZOOK NPV is the predecessor to MCM and MRES. In other words, MCM and MRES are a mere continuation of the RODRIGUEZ-SCURTIS General Partnership and NPV.
529. RODRIGUEZ and ZOOK, either individually or through their respective companies and/or Partnerships have engaged in various breaches of fiduciary duties, self-dealing, mismanagement, fraud and waste, including but not Limited to: (a) Withholding $2,170,390.00 in Partnership distributions to SCURTIS; (b) Unlawful conversions of entities in an effort to strip SCURTIS of his ownership interest in Partnership real property; (c) Attempts to hide Insurance and Mortgage Fraud from SCURTIS that SCURTIS had direct exposure from; (d) Selling Partnerships real property without exposing the Partnership real property to the open market; (e) Having correspondence sent to the IRS misleading them to think that SCURTIS received distributions that he did not; (f) By fraudulently inserting ZOOK into the role of Manager of A.C.R.E.I., L.L.C. to enable him to fraudulently sell the adjoining parcels in Edgewater in direct violation of the A.C.R.E.I., L.L.C. Operating Agreement, the NPV Partnership Agreement’s “Right of First Refusal” clause, the “Right of First Refusal” clause contained in each respective Limited Partnership Agreement for each respective Limited Partnership that owned an adjoining parcel of land in Edgewater, and the RODRIGUEZ and SCURTIS Oral Agreement to develop the adjoining parcels
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in the future; (g)Withholding at least $8,000,000.00 in acquisition fees earned by SCURTIS; (h) utilizing at least $10,000,000.00 earned by and due to SCURTIS to acquire new incoming producing real property with MCM, of which SCURTIS does not have an ownership interest in.
530. There is a substantial likelihood that Plaintiffs will prevail on the merits at the conclusion of the case.
531. Plaintiff has no adequate remedy.
WHEREFORE, Plaintiffs demand that the Court enter an Order Appointing a Receiver for MCM and MRES, and award Plaintiffs such other and further relief as this Court deems just and proper.